Coke, the enemy of Bacon, was now about fifty-five, and he had filled
the post of Attorney-General for nine years. Sir Everard Digby and his
fellow-prisoners knew that they had little mercy to expect at his hands.
The asperity which he had shown in prosecuting Essex, five years
earlier, and the personal animosity which he had exhibited, still later,
in his sarcastic speech at the trial of Raleigh, when he had wound up
with the phrase, "Thou hast an English face but a Spanish heart," were
notorious, and he was certain to make such a trial as that of the
conspirators in the Gunpowder Plot the occasion of a great forensic
display. It so happened that his speeches at this trial and that of
Father Garnet, which presently followed it, brought his career as an
advocate to a close; for within a year he was appointed Chief-Justice of
Common Pleas.
Undoubtedly, his speeches at the trial of Sir Everard Digby and his
accomplices added to his fame; but Jardine[387] called one of them "a
long and laboured harangue," and other historians thought him guilty
of[388] "unnecessary cruelty in the torture and gratuitous" insolence
which he exhibited towards the accused. The glaring eyes, which we see
represented in his portrait, would be an unpleasant prospect for Sir
Everard as he listened to his cruel words; but whatever tenderness a
biographer may feel for his subject, and whatever dislike a Catholic may
entertain to the Protestant bigotry of Sir Edward Coke, it ought not to
be forgotten that, according to his lights, he was an honest, if a hard
and an unmerciful man, that some ten years later he himself fell into
disgrace and suffered imprisonment in the Tower, rather than yield on a
point of principle, and that, vindictive as he could be in prosecuting a
prisoner, one of his enemies--Lord Chancellor Egerton--said that his
greatest fault was his "excessive popularity."
[387] P. 141.
[388] See _Ency. Brit._, Eighth Ed., Vol. vii. p. 95.
Although he began his speech by saying that the Gunpowder Plot had been
the greatest treason ever conceived against the greatest king that ever
lived, he had presently a complimentary word or two to say as to the
origins and previous lives of some of the conspirators. With an air of
great truthfulness and fairness he said:--[389] "It is by some given out
that they are such men as admit just exception, either desperate in
estate, or base, or not settled in their wits; such as are _sine
religione, sine sede, sine fide, sine re, et sine spe_--without
religion, without habitation, without credit, without means, without
hope. But (that no man, though never so wicked, may be wronged) true it
is, they were gentlemen of good houses, of excellent parts, howsoever
most perniciously seduced, abused, corrupted, and jesuited, of very
competent fortunes and estates."
[389] _Criminal Trials_, Jardine, p. 127 _seq._
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